The board has determined that the assessment of an administrative
penalty promotes the intent of §551.002 of the Act. In disciplinary
matters, the board may assess an administrative penalty in addition
to any other disciplinary action in the circumstances and amounts
as follows:
(1) The following violations by a pharmacist may be
appropriate for disposition with an administrative penalty with or
without additional sanctions or restrictions:
(A) failing to provide patient counseling: $1,000;
(B) failing to conduct a drug regimen review or inappropriate
drug regimen reviews provided by §291.33(c)(2)(A) of this title
(relating to Operational Standards): $1,000;
(C) failing to clarify a prescription with the prescriber:
$1,000;
(D) failing to properly supervise or improperly delegating
a duty to a pharmacy technician: $1,000;
(E) failing to identify the dispensing pharmacist on
required pharmacy records: $500;
(F) failing to maintain records of prescriptions: $500;
(G) failing to respond or failing to provide all requested
records within the time specified in a board audit of continuing education
records: $100 per hour of continuing education credit not provided;
(H) failing to provide or providing false or fraudulent
information on any application, notification, or other document required
under this Act, the Dangerous Drug Act, or Controlled Substances Act,
or rules adopted pursuant to those Acts: $1,000;
(I) dispensing a prescription drug pursuant to a forged,
altered, or fraudulent prescription: up to $5,000;
(J) dispensing unauthorized prescriptions: up to $5,000;
(K) dispensing controlled substances or dangerous drugs
to an individual or individuals in quantities, dosages, or for periods
of time which grossly exceed standards of practice, approved labeling
of the federal Food and Drug Administration, or the guidelines published
in professional literature: up to $5,000;
(L) violating a disciplinary order of the Board or
a contract under the program to aid impaired pharmacists or pharmacy
students under Chapter 564 of the Act: $500;
(M) failing to report or to assure the report of a
malpractice claim: $1,000;
(N) practicing pharmacy with a delinquent license:
$500;
(O) operating a pharmacy with a delinquent license:
$1,000;
(P) allowing an individual to perform the duties of
a pharmacy technician without a valid registration: $1,000;
(Q) aiding and abetting the unlicensed practice of
pharmacy, if the pharmacist knew or reasonably should have known that
the person was unlicensed at the time: $2,500;
(R) unauthorized substitutions: $1,000;
(S) submitting false or fraudulent claims to third
parties for reimbursement of pharmacy services: $1,000;
(T) selling, purchasing, or trading, or offering to
sell, purchase, or trade of misbranded prescription drugs or prescription
drugs beyond the manufacturer's expiration date: $1,000;
(U) selling, purchasing, or trading, or offering to
sell, purchase, or trade of prescription drug samples as provided
by §281.7(a)(26) of this title (relating to Grounds for Discipline
for a Pharmacist License): $1,000;
(V) failing to keep, maintain or furnish an annual
inventory as required by §291.17 of this title (relating to Inventory
Requirements): $1,000;
(W) failing to obtain training on the preparation of
sterile pharmaceutical compounding: $1,000;
(X) failing to maintain the confidentiality of prescription
records: $1,000;
(Y) failing to inform the board of any notification
or information required to be reported by the Act or rules: $500;
(Z) failing to operate a pharmacy as provided by §291.11
of this title (relating to Operation of a Pharmacy): $1,000;
(AA) accessing information submitted to the Prescription
Monitoring Program in violation of §481.076 of the Controlled
Substances Act: $1,000 - $2,500; and
(BB) failing to access the Prescription Monitoring
Program for a patient's information before dispensing opioids, benzodiazepines,
barbiturates, or carisoprodol: $500.
(2) The following violations by a pharmacy may be appropriate
for disposition with an administrative penalty with or without additional
sanctions or restrictions:
(A) failing to provide patient counseling: $1,500;
(B) failing to conduct a drug regimen review or inappropriate
drug regimen reviews provided by §291.33(c)(2)(A) of this title:
$1,500;
(C) failing to clarify a prescription with the prescriber:
$1,500;
(D) failing to properly supervise or improperly delegating
a duty to a pharmacy technician: $1,500;
(E) failing to identify the dispensing pharmacist on
required pharmacy records: $500;
(F) failing to maintain records of prescriptions: $500;
(G) failing to provide or providing false or fraudulent
information on any application, notification, or other document required
under this Act, the Dangerous Drug Act, or Controlled Substances Act,
or rules adopted pursuant to those Acts: $1,000;
(H) following an accountability audit, shortages of
prescription drugs: dependent on the quantity involved with a minimum
of $1,000;
(I) dispensing a prescription drug pursuant to a forged,
altered, or fraudulent prescription: up to $5,000;
(J) dispensing unauthorized prescriptions: up to $5,000;
(K) dispensing controlled substances or dangerous drugs
to an individual or individuals in quantities, dosages, or for periods
of time which grossly exceed standards of practice, approved labeling
of the federal Food and Drug Administration, or the guidelines published
in professional literature: up to $5,000;
(L) violating a disciplinary order of the Board: $1,000;
(M) failing to report or to assure the report of a
malpractice claim: $1,500;
(N) allowing a pharmacist to practice pharmacy with
a delinquent license: $1,000;
(O) operating a pharmacy with a delinquent license:
$1,000;
(P) allowing an individual to perform the duties of
a pharmacy technician without a valid registration: $3,000;
(Q) failing to comply with the reporting requirements
to the Prescription Monitoring Program: $1,000;
(R) aiding and abetting the unlicensed practice of
pharmacy, if an employee of the pharmacy knew or reasonably should
have known that the person engaging in the practice of pharmacy was
unlicensed at the time: $5,000;
(S) unauthorized substitutions: $1,000;
(T) submitting false or fraudulent claims to third
parties for reimbursement of pharmacy services: $1,000;
(U) possessing or engaging in the sale, purchase, or
trade or the offer to sell, purchase, or trade of misbranded prescription
drugs or prescription drugs beyond the manufacturer's expiration date:
$1,000;
(V) possessing or engaging in the sale, purchase, or
trade or the offer to sell, purchase, or trade of prescription drug
samples as provided by §281.8(b)(2) of this title (relating to
Grounds for Discipline for a Pharmacy License): $1,000;
(W) failing to keep, maintain or furnish an annual
inventory as required by §291.17 of this title: $2,500;
(X) failing to obtain training on the preparation of
sterile pharmaceutical compounding: $2,000;
(Y) failing to maintain the confidentiality of prescription
records: $1,000;
(Z) failing to inform the board of any notification
or information required to be reported by the Act or rules: $1,000;
(AA) failing to operate a pharmacy as specified in §291.11
of this title: $3,000; and
(BB) operating a Class E or Class E-S pharmacy without
a Texas licensed pharmacist-in-charge: $1,000.
(3) The following violations by a pharmacy technician
may be appropriate for disposition with an administrative penalty
with or without additional sanctions or restrictions:
(A) failing to respond or failing to provide all requested
records within the time specified in a board audit of continuing education
records: $30 per hour of continuing education credit not provided;
(B) failing to provide or providing false or fraudulent
information on any application, notification, or other document required
under this Act, the Dangerous Drug Act, or Controlled Substances Act,
or rules adopted pursuant to those Acts: $500;
(C) violating a disciplinary Order of the Board: $250;
(D) performing the duties of a pharmacy technician
without a valid registration: $250;
Cont'd... |
